Cancer and Long-Term Disability Benefits in Canada

Receiving a cancer diagnosis is a life-changing event that can impact various aspects of an individual’s life, including their ability to work and earn a living. Understanding how cancer relates to long-term disability (LTD) benefits in Canada is crucial for individuals navigating financial challenges during treatment and recovery, especially if they also must contend with an insurance provider who has denied them the benefits they are entitled to.

Understanding Cancer

Cancer is a complex group of diseases characterized by the abnormal growth of cells in the body, leading to the formation of tumors or affecting normal organ functions. Types of cancer vary widely, and they can affect different parts of the body, including organs, blood, lymphatic system, and tissues. According to Statistics Canada, the most diagnosed cancers in Canada are:

  • Lung
  • Breast
  • Prostate
  • And Colorectal

With lung cancer being the leading cause of cancer death, accounting for nearly a quarter of all cancer deaths. The good news is that overall cancer rates continue to decline, and overall survival rates are increasing.

That means that more people who are diagnosed with cancer live through it, and that it’s even more important than ever that cancer patients and survivors have supports that they can access, such as long-term disability benefits, to ensure they have a solid quality of life if they cannot work.

Treatment for cancer may involve surgery, chemotherapy, radiation therapy, immunotherapy, or a combination of these approaches. Many of these treatments have a profound and lasting impact on the body, because while cancer treatments aim to target cancer cells, they can also affect healthy cells and tissues, leading to various side effects, like fatigue, weakened immune systems, nausea and neuropathy.

Cancer and Long-Term Disability

The impact of cancer on an individual’s ability to work depends on several factors, including the type and stage of cancer, treatment regimen, side effects, physical limitations, and overall health status. Cancer and its treatments can cause significant fatigue, pain, cognitive difficulties, emotional distress, and functional impairments, making it challenging to sustain employment without accommodations or support.

Is Cancer Covered by my LTD Policy?

Having access to financial benefits while dealing with a cancer diagnosis and treatment can help individuals who are living with cancer, allowing them to focus on their recovery instead of feeling pressured to return to work before they are truly capable and ready.

Most LTD insurance policies in Canada cover disabilities resulting from cancer, provided that the illness or its treatment significantly impairs the individual’s ability to work. Policy coverage may vary based on specific terms, definitions, waiting periods, exclusions, and eligibility criteria outlined in the policy. Reviewing your policy or consulting with a disability lawyer can clarify your coverage options.

Cancer and “Total Disability”

The “total disability” definition in LTD insurance policies typically refers to the insured person’s inability to perform the substantial and material duties of their occupation due to injury or illness.

Own Occupation

The assessment of total disability is based on the insured person’s ability to work in their specific “own” occupation at the time of disability onset. As long as they cannot perform their own occupation, they are deemed disabled under this definition.

Any Occupation

After a period of two years, the test to qualify for “total disability” changes from “own occupation” to “any occupation.” The “any occupation” definition of disability considers the insured person disabled if they are unable to perform the substantial and material duties of any gainful occupation for which they are reasonably suited by education, training, or experience.

Qualifying for benefits under the any occupation definition can be more challenging than under the own occupation definition because it considers a wider range of potential jobs the insured person could perform.

Understanding these definitions is crucial for policyholders to know their coverage and eligibility for LTD benefits based on their ability to work in their own occupation versus any gainful occupation. Be sure to review your policy documents carefully and seek clarification from insurance providers or a disability lawyer to understand how these definitions apply to your specific circumstances.

Cancer Disability Benefits

To support a disability insurance claim for cancer, comprehensive medical documentation and evidence are of the utmost importance. This kind of support may include medical records, pathology reports, treatment history, physician statements, functional assessments, imaging studies, and laboratory tests outlining the impact of cancer and its treatment on your ability to work and perform daily activities.

What Do You Need to Support Your Disability Claim?

  • Detailed medical records documenting your cancer diagnosis, treatment plan, and ongoing medical management.
  • Reports from oncologists, surgeons, radiologists, and other treating specialists describing the nature of your cancer, treatment side effects, functional limitations, and prognosis.
  • Functional assessments or evaluations outlining how cancer and its treatment affect your ability to perform job duties, concentrate, remember tasks, and engage in physical activities.
  • Any relevant documentation showing efforts to manage symptoms, such as medications, therapies, rehabilitation programs, and supportive care.

Can My Disability Benefits Be Denied?

Insurance companies may deny disability benefits for cancer-related claims due to various reasons, such as insufficient medical evidence, policy exclusions, administrative errors, or disputes over the severity of the disability. If your claim is denied, understanding your appeal rights and gathering additional supportive evidence is crucial.

What To Do If My LTD Benefits Have Been Denied?

If your LTD benefits for cancer-related disability are denied, seek legal assistance from an LTD disability lawyer experienced in handling cancer-related claims. They can review your case, advise you on appeal strategies, gather necessary evidence, and advocate on your behalf during the appeals process or potential legal proceedings.

Why You Should Contact an LTD Disability Lawyer

Navigating LTD claims for cancer-related disabilities requires a knowledge of disability law, medical complexities, and insurance regulations. A disability lawyer at Preszler Injury Lawyers can provide invaluable support by ensuring your rights are protected, advocating for fair treatment— helping you secure the disability benefits you deserve to focus on your health, recovery, and well-being.

Understanding the interplay between cancer, LTD benefits, and legal strategies, individuals can take proactive steps to seek financial support during their cancer journey and alleviate financial stress while prioritizing their health and treatment needs.